This is an agreement between a husband and wife that intend to amicably end their
marriage and separate permanently. This agreement is useful for both parties because
it avoids costly and time consuming divorce litigation. In addition, this agreement can
specify whether the couple has any children and how they decide to share the custody
over their children. This agreement can be used by married couples that have children
and want to reach an amicable separation agreement.
SEPARATION AGREEMENT – NO FAULT
THIS SEPARATION AGREEMENT (the “Agreement” made the___ day of ______,
201____ (the "Effective Date") by and between ______________________ (“Wife”) and
The parties were married on the _____ day of ___________, _____, in the City of
_______________, in the State of ____________________.
The Wife and the Husband have agreed to live separate and apart and have lived
separate and apart since the ____ day of ___________, ____.
A. The Wife and the Husband intend to continue to live separate and apart according
to the terms and conditions described in this agreement. Each shall be free from
interference, authority and control by the other as if each were unmarried. In addition,
the parties intend the terms of this Agreement to be:
1. A final settlement of their respective rights to property, which are accurately and
completely described in this Agreement;
2. Final settlement of custody, access, guardianship and support, understanding that
custody and child support issues in all states are governed by the applicable laws
The Wife and the Husband have ____________ children of the marriage, as follows:
Name of Child Date of Birth__________
This Agreement shall govern the rights and responsibilities of Wife and
Husband, now as divorced persons. When approved by a Judge of Probate & Family
Court with jurisdiction of these persons and this divorce case, this Agreement shall
legally terminate the marriage between Husband and Wife. Thereafter, the two parties
shall no longer be referred to as husband and wife.
The laws of the State of ___________________ shall govern this Agreement.
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This Agreement may be amended or varied by a court order of the applicable
jurisdiction, approving a written agreement between Husband and Wife.
B. CUSTODY AND ACCESS OF CHILDREN
(strike out what does not apply)
The [Wife/Husband] shall have [sole/joint] custody and the [Wife/Husband]
shall have primary residency of the following [child/children]:
Name of Child Age Date of Birth
The [Wife/Husband] shall have access to the children on the following terms:
________________________________ (enter terms of access).
Guardianship of the Children (the appointment of a third party to care for any non-adult
Children) in the event the Wife or the Husband dies or becomes incapacitated shall be as
follows. The Wife and the Husband hereby appoint guardians of the [child/children]
named below and further agree as follows:
(enter name of appointed guardian and alternative if wished)
C. CHILD SUPPORT
(strike out what does not apply)
In accordance with the child support guidelines of the applicable jurisdiction, the
[Wife/Husband] shall pay to the [Wife/Husband] for child support the sum of
___________ ($_______) Dollars [weekly/bi-weekly/monthly], commencing on the
____ day of ___________, _______, and shall continue until the [child/children] of the
marriage reach the age of majority in the applicable jurisdiction.
The [Wife/Husband] shall pay to the [Wife/Husband] n respect of extraordinary
expenses the sum of ___________ ($________) Dollars, to be paid to the